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I need help on collecting overdue rent from a tenant that is…

Customer Question
Hello i need help...

Hello i need help on collecting overdue rent from a tenant that is leaving soon and living in my house in NJ. Please advise. Thanks.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Yes i have i had a lawyer send 2 letters asking for rent but have not received a response yet from the tenant

Lawyer's Assistant: Have you talked to a NJ lawyer about this?

Yes i have but the person i am working with is not very responsive and good at taking aggressive action

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He's a very hostile tenant and said he is moving out july and taking his security deposit back himself thru rent would you know the most cost affective way to approach this pls?

Submitted: 2 months ago.Category: Legal
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Answered in 4 minutes by:
5/31/2018
Lawyer: DamienJD, Attorney replied 2 months ago
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,404
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

If the person is refusing to pay rent and rent is due you, then you would have to file a lawsuit in order to get a court order to get a judgment against the tenant. You already did the first step: writing the demand letters. Since the tenant has not responded then you would have to bring the lawsuit.

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Lawyer: DamienJD, Attorney replied 2 months ago

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
Thank you! Can you please advise how i can go about doing this?
Customer reply replied 2 months ago
The tenant has still not responded and time is running out before he leaves by July. Please advise on the best aggressive steps that include legal action and something that can dramatically impact the tenants credit as a result of the non payment.
Lawyer: DamienJD, Attorney replied 2 months ago

You are welcome.

I believe you can report the late rent to the credit reporting agencies. You can attempt to contact them to see what the procedure is.

To begin the lawsuit, the landlord must file a complaint with the Office of the Special Civil Part Clerk of the county where the rental unit is located. It may be best to go to the court to get the forms or see if there are any on its website. If you go in person, you can talk to the clerk.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
Can you please assist me in getting the contact information for the credit agencies and exactly what info I would need for the tenant? Also the website for filing the lawsuit and exactly what I would need to say to them? Is this also something you can do for me? I would really benefit from professional help.
Lawyer: DamienJD, Attorney replied 2 months ago

For the lawsuit, here is a link to NJ's handbook on how to file the lawsuit that is helpful. It give the link to the forms. Also, you can review it so you know the additional steps you can take:

https://www.judiciary.state.nj.us/forms/11483_landlord_tenant_faq.pdf

Separately, here is the phone number for Experian: 1(###) ###-####/p>

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
Thanks! Because he is threatening to leave in July. What would be the best and quickest way to approach this? Please see the lease he signed attached. Is there anything here that i can use to recover more money in damages and have this not fall in the wrong place? Is there another email i can write to him demanding payment and should I also send him the content in certified mail? What should be the contents of the email? Thanks!
Lawyer: DamienJD, Attorney replied 2 months ago

You are welcome.

I provided to you the only option you have, which is to file the lawsuit to collect the rent. There is no other way to do it.

You can provide the additional notice to him for the rent, but if he does not pay it, the only option is to file the lawsuit. You can include a request for fees in the lawsuit also. When you get the judgment, you will also be entitled to interest.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
Can you please help me draft a letter to the tenant and i can send that from my email? This would be very helpful!
Lawyer: DamienJD, Attorney replied 2 months ago

We cannot draft letters from Just Answer. You would have to get a private attorney to draft the letter.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
Ok can you please help me understand the different angles I can use in the email? For example I can let him know that he would be responsible for all legal fees in accordance to the contract, he would have to pay interest and late penalty fees, his credit will be negatively affected on all 3 credit bureaus... ie can he also face jail time or other scenarios that he could potentially be impacted by?
Lawyer: DamienJD, Attorney replied 2 months ago

Yes to legal fees, late fees, and credit bureau reporting. No to jail time. This is not a criminal matter.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Lawyer: DamienJD, Attorney replied 2 months ago

Hello again:

I hope I provided good service to you. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

_

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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